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President Trump Reissued the Order Suspending Entry for 90 Days

President Trump today signed a new Executive Order, explaining the reasons to suspend admission of foreign nationals from certain countries.  The Order, entitled Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States  restricts admissions of foreign nationals from six countries: Iran, Somalia, Yemen, Syria, Libya, and Sudan.  It removes the prior restrictions for citizens of Iran, and exempts permanent residents of the United States.    The Order states that Iraq represents a “special case”.  While [p]ortions of Iraq remain active combat zones”….”the close cooperative relationship between the United States and the democratically elected Iraqi government, the strong United States diplomatic presence in Iraq, the significant presence of United States forces in Iraq, and Iraq’s commitment to combat ISIS justify different treatment for Iraq.”

The Order applies to foreign nationals from these countries who are:

(i)    are outside the United States on the effective date of this order;
(ii)   did not have a valid visa at 5:00 p.m., eastern standard time on January 27, 2017; and
(iii)  do not have a valid visa on the effective date of this order.
The order provides for a waiver on a “case-by-case basis to authorize the issuance of a visa to, or to permit the entry of, a foreign national for whom entry is otherwise suspended if the foreign national has demonstrated to the officer’s satisfaction that denying entry during the suspension period would cause undue hardship, and that his or her entry would not pose a threat to national security and would be in the national interest.”   According to the Order, such waivers would be appropriate “in circumstances such as the following”:

(i)    the foreign national has previously been admitted to the United States for a continuous period of work, study, or other long-term activity, is outside the United States on the effective date of this order, seeks to reenter the United States to resume that activity, and the denial of reentry during the suspension period would impair that activity;

(ii)    the foreign national has previously established significant contacts with the United States but is outside the United States on the effective date of this order for work, study, or other lawful activity;

(iii)   the foreign national seeks to enter the United States for significant business or professional obligations and the denial of entry during the suspension period would impair those obligations;

(iv)    the foreign national seeks to enter the United States to visit or reside with a close family member (e.g., a spouse, child, or parent) who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa, and the denial of entry during the suspension period would cause undue hardship;

(v)the foreign national is an infant, a young child or adoptee, an individual needing urgent medical care, or someone whose entry is otherwise justified by the special circumstances of the case;

(vi)    the foreign national has been employed by, or on behalf of, the United States Government (or is an eligible dependent of such an employee) and the employee can document that he or she has provided faithful and valuable service to the United States Government;

(vii)   the foreign national is traveling for purposes related to an international organization designated under the International Organizations Immunities Act (IOIA), 22 U.S.C. 288 et seq., traveling for purposes of conducting meetings or business with the United States Government, or traveling to conduct business on behalf of an international organization not designated under the IOIA;

(viii)  the foreign national is a landed Canadian immigrant who applies for a visa at a location within Canada; or

(ix)    the foreign national is traveling as a United States Government-sponsored exchange visitor.

In addition, the Order would not affect people who hold asylum status or refugees who have already been admitted tot he United States.  Further, no immigrant or nonimmigrant visas issued before the effective date will be revoked pursuant to the order.   Visas who were canceled pursuant to the January 27, 2017 order will not be a basis for inadmissibility and people will be entitled to a travel visa if the sole reason for revocation was the January 27, 2017 Order.

The Executive Order is
Executive Order revokes the January 27, 2017 Order and is effective at 12:01 am Eastern Daylight Time on March 16, 2017.  

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